The Historical Overview of the First Amendment
In this paper we will analyze the First Amendment of the Untied States Constitution. Further, we will provide a background history of the issues surrounding the First Amendment, a synopsis of the evolution of the interpretation of the amendment in various Supreme Court decisions and analyze how the First Amendment has impacted American society. We will also address predictions of how interpretations of the First Amendment might change in the future. We will touch topics such as religion, speech/press, assembly, and petition government for redress of grievances. Amendment I, collectively known as one of the Bill of Rights says Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (United States Constitution, 2004) As you can clearly see, that first sentence states “congress shall make no law.” It is important to recognize that it is saying that Amendment I applies only to Congress. Matters of religious freedom and expression should be decided by the states, and disputes should be settled in state courts.
Further courts wrestle daily with the First Amendment controversies and constitutional clashes, as evidenced by the free-press vs. free-trial debates and the dilemma of First Amendment liberty principles vs. the equality values of the 14th Amendment. The First Amendment means what the courts say it is. Since the content of the amendment does not explicitly explain in detail what is intended in such freedoms, it is up to the courts, faced with the necessity of deciding particular cases, to spell out the rules for deciding exactly what our freedoms entail. Such difficulties are the price of freedom in a tolerant, open society. Government shall not institute one religion or implement legal observation of it by law on citizen of the United States. What did the framer mean by religion? This refers to Christian denomination and not a simple act of commitment to God. We observe James used the word “religion” referring to a Christian denomination. The first amendment does not divide Church from State. It defines the method, the specific ways, in which there shall be no concert, coming together, or dependency on the other. United States will not pass a law to implement one religion. We provide the individual right to chose our religion and not be prosecuted as Not only has this amendment impacted society by free exercising of religion, it also allows us freedom of speech. We as Americans enjoy the right of being able to express our viewpoints verbally. It has a major impact in our political field. Many candidates express how they feel on different issues, so we can decide which candidate to choose when casting our votes. With the freedom of speech as with other freedom rights, there are limitations and restrictions with what can be said. Freedom of speech impact society because it allows us the freedom to voice opinions, where the majority rule is very popular. Free speech has given society more value on a personal or individual level. The first amendment articulates points at where limits are reached. Different forums are examples of free speech, and how it affects Americans. The First Amendment was written because at America’s inception, citizens demanded a guarantee of their basic freedoms. Our blue print for personal freedom and the hallmark of an open society, the First Amendment protects freedom of speech, press, religion, assembly, and petition. However, Americans throughout the decades vigorously question how the First Amendment should be applied. Lets take the freedom of religion. How does one interpret this clause? “In 1777, Thomas Jefferson completed his first draft of a Virginia State bill for religious freedom, which states: “No man shall be forced to frequent or support any religious worship, place, or ministry whatsoever.”” Many people, at some level, realize the necessity of religious freedom and toleration. But at the same time balk where a religious belief of a religious minority conflict the general publics faith or law. Also many believe in the separation of church and state, but “decry the banning of school-sponsored prayer from public schools and the removal of the Ten Commandments from public buildings.” Can we say that is true freedom? (www.firstamendmentcenter.org) “Give me your tired, your poor, your huddled Masses yearning to breathe free. The Wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me. I lift my lamp beside the golden door.”(LibertyCAM, 2003)
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Approximate Word count = 2783
Approximate Pages = 11 (250 words per page double spaced)
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